California Family Code § 913: Liability of Separate Property for Debts

Plain-Language Summary

Family Code §913 means that each spouse is responsible for their own debts. In other words, one spouse’s separate property (such as an inheritance or premarital savings) is liable only for debts they incurred. A spouse’s separate assets generally cannot be used to pay the other spouse’s bills. In practice, courts note that creditors usually cannot garnish the non-debtor spouse’s wages or property – they must look to the debtor spouse’s own assets.

There are important exceptions. For example, under §914, if one spouse uses the other’s separate property to pay for basic living expenses (necessaries of life), then that debt may be paid from the payer’s separate funds (with a right to be reimbursed). Similarly, merely co-signing a mortgage or loan on community property does not put your separate assets at risk – §913(b)(2) makes clear your separate property is still protected unless you yourself took on the debt.

Real-World Examples

• Inheritance vs. Spousal Debt: If one spouse brings a large inheritance or premarital savings into the marriage (their separate property) and the other spouse owes money, the inheritance generally cannot be taken to pay the other spouse’s debt. Only the debtor spouse’s own assets would satisfy that debt.
• Necessaries Exception: If a spouse uses their separate funds to pay for household necessities (rent, groceries, utilities) that benefit the family, §914 allows that debt to be repaid from the payer’s separate property. For example, if one spouse uses an inheritance to cover the mortgage, that payment may be treated as a loan from their separate property (with the community owing them reimbursement).
• Co-signing a Loan: Even if a spouse consents to encumber community property (e.g. signs a mortgage on the family home), §913(b)(2) protects the spouse’s separate assets. The spouse’s separate property will not be liable for the loan unless that spouse was personally obligated on it.

Published Case Law on § 913

• In re Ciprari (2019) 32 Cal.App.5th 83  – The court affirmed that property acquired before marriage or by gift is separate property, underscoring that such separate assets are not reachable for the other spouse’s debts under §913.

Full Text of California Family Code § 913

(a) The separate property of a married person is liable for a debt incurred by the person before or during marriage.

(b) Except as otherwise provided by statute:

(1) The separate property of a married person is not liable for a debt incurred by the person’s spouse before or during marriage.

(2) The joinder or consent of a married person to an encumbrance of community estate property to secure payment of a debt incurred by the person’s spouse does not subject the person’s separate property to liability for the debt unless the person also incurred the debt.

This content is provided for general informational purposes only and is not legal advice. Laws and their interpretations can change, and how the law applies to your specific situation may vary. For advice regarding your own circumstances, consult a qualified attorney.